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W.J. Kennedy

I am a freelance journalist who has covered legislative and regulatory issues for 20 years. Graduate of St. Joseph's University.

EDMOND, OK - December 29: Dawne Sullivan, stands besides her home's fireplace, December 29, 2015 in Edmond, Oklahoma. Her home was damaged by an earthquake. Many people are blaming the oil industry practice of fracking for the earthquakes. (Photo by J Pat Carter/Getty Images)

The negative publicity surrounding lawsuits alleging the oil and gas industry are responsible for earthquakes in Oklahoma is likely to cause more damage than the outcome of any of the suits - despite the plaintiffs' challenge of finding evidence tying fracking to the surge in activity.

Industry lawyers say the merits of the allegations of a connection between the underground disposal of brine - a byproduct of oil and gas drilling - and a spike in earthquakes may not matter. Meanwhile, the Oklahoma Geological Commission says half of a flurry of recent earthquakes have occurred away from larger injector wells and that it can't be sure that there is any link between fracking and earthquakes.

“Any repercussions legally will likely be limited to the confines of Oklahoma because its geology is different from other states,” said attorneys Eric R. Skanchy and Michael N. Mills in the Sacramento, CA, office of Stoel Rives LLP.

“But the publicity the cases generate will not be good for the industry in the court of public opinion. We should expect more of these types of cases in other states.”

In the last six months, four suits, two of which seek class action status, claiming personal injury and property damage have been filed in district courts.

Also, the Sierra Club and Public Justice have filed in federal court for declaratory and injunctive relief, citing the federal Resource Conservation and Recovering Act (RCRA). RCRA allows citizen lawsuits over hazardous waste.

The suits allege damage from a spike in earthquakes that scientists have linked (with a so-far indeterminate handle on the degree of cause and effect) to deep well disposal of the water.

The water is a mixture of ancient seawater recovered from reservoirs, water injected in the formation being drilled and any additives in the water being injected.

The lawsuits could rely on studies that blame the increase in earthquakes on saltwater disposal. Defendants have filed motions to dismiss one of the class actions, claiming the plaintiffs have failed to show any evidence as to how their wastewater wells have caused harm.